The age of 3-D printing in carbon fiber has hardly arrived. But the controversy over 3-D printing carbon fiber guns is well under way. Starting in the second half of last year, 3-D printing startup MarkForged has been shipping the Mark…

If you own an iPhone or Android handset and care about your privacy, there’s no longer much of an excuse not to encrypt every conversation you have. Now a free, zero-learning-curve app exists for both text and voice that can keep those…

On a cloudy, moonless night somewhere in northeastern China, three men creep through a stand of Japanese Clethra trees. They carry no flashlights, and the sky is so dark that they hear the sound of the rushing Tumen River before they see it:…

"Why it's nearly impossible to sue your credit card company" is the title of an article in today's Washington Post about the mandatory arbitration provisions that are now standard in credit card agreements and the Consumer Financial…

Client: YS Type of Case: Defending Against a CACH LLC Debt Collection Lawsuit Client Review: I feel very fortunate to have made the decision to go to Mr. Rudnitsky to represent me against CACH LLC. They were suing me for…

Client: Joy Type of Case: Defending Consumer in Debt Collection Lawsuit Client Review: I could not be happier with the results I received after retaining the Rudnitsky Law Firm. Taras immediately went to work on my case by not…

Senator Elizabeth Warren (D-MA) recently introduced the Equal Employment for All Act, which would stop employers from requiring job applicants to share their credit histories. According to a press release from Warren’s office, “It…

Senator Elizabeth Warren (D-MA) recently introduced the Equal Employment for All Act, which would stop employers from requiring job applicants to share their credit histories. According to a press release from Warren’s office, “It…

The Attorney General of Colorado, John Suthers, recently announced that his office filed suit against United Credit Recovery. The lawsuit alleges that United Credit Recovery (also known as UCR) bought debt portfolios from US Bank and Wells…

Well, finally, (at least as far as I’m concerned) the American Journal of Public Health has published the results of a comprehensive study on foreclosure- and eviction-related suicide, which it should come as little surprise, shows has…

Nothing else does what a reverse mortgage does. There’s no real alternative because any other type of home equity loan would require you to make monthly payments, and you can’t retire with high monthly payments or you could end up…

Home sales volume and home prices in Southern California are falling… precipitously. As in… both volume and prices are going down. There are two things I would add to this fact: 1. It’s not just happening here. 2. It…

The Securities and Exchange Commission is charging former VP of The Shaw Group’s construction operations Scott Zeringue and his brother-in-law Jesse Roberts III with insider trading. Zeringue has already agreed to settle the…

U.S. Bank National Association Must Pay $18M to Peregrine Customers, Says Court

A district court issued a Consent Order placing a permanent injunction against the U.S. Bank National Association and mandating that the bank return $18 million to customers of Peregrine Financial Group, Inc. customers.
US Bank has offices…

UBS Group AG (UBS) is under scrutiny over losses related to its V10 Enhanced FX Carry Strategy. The complex financial product was sold to fund managers, businesses, and individual investors and touted as a high-yielding foreign-exchange…

Like many others, I have been struggling to figure out whether the new lunar year is a Sheep or a Goat. I found the answer last week in the archives of the League of Nations Committee for the Study of...

I'm thrilled that Jay Westbrook has finally come into blogosphere with his posts on Single-Point-of-Entry. I've blogged a little on SPOE already, but I want to highlight what I still think are two critical problems with SPOE. In keeping…

Senator Elizabeth Warren surprised a lot of people by laying into Federal Reserve Board Chair Janet Yellen as hard as she ever laid into Timothy Geithner. I think this was a really important exchange. But its easy to miss exactly...

We were busy in February 2015.
Debt Buyers Using Confusing Names in Litigation
We sued several creditors for continuing to use confusing names in court cases. We use recent precedent in Lee v. Forster & Garbus LLP in which a federal…

In a nutshell, Article 54 of the New York CPLR sets forth the procedure to simply register a judgment entered in another state.
So long as the foreign court had jurisdiction to enter that judgment, it will be entitled to "full faith and…

Statutes relating to enforcement of money judgments require careful reading and analysis. Judges often disagree about application of some statutes, in part due to confusing wording.
But the below seems to fairly summarize CPLR § 5208…

The Law Offices of Robert J. Nahoum, P.C.

By: Robert J. Nahoum The Problem: You have been sued by a debt collector and have come to terms on a settlement but the debt collector wants you to sign something called a “stipulation”. What is a stipulation in a...
The…

By: Robert J. Nahoum THE PROBLEM: You’re just about to close a deal on buying a new car, or perhaps a new home. You’ve come to an agreement on the sales price and your sitting at the closing table, the...
The post Is Credit…

By: Robert J. Nahoum As part of the roll out of the new New York debt collection laws, the New York Department of Financial Services has issued guidance through a “Frequently Asked Questions” page on its website. The FAQs…

The Pop Tort

Like many people, I’ve had my issues lately with 60 Minutes. I was most recently annoyed in January when Lesley Stahl interviewed Steven Brill about Obamacare’s failure to control costs. The first thing out of Brill’s mouth…

I’m guessing if you made a list of the biggest flim flam artists of all time, the tobacco industry would be right at the top. In 2006, “a federal district court determined that tobacco companies ‘knew there was a…

In 1999, the National Academy of Sciences Institute of Medicine (IOM) released a now famous study finding up to 98,000 deaths in hospitals each year due to medical negligence. The statistics are now much worse. (See our coverage here, for...

The Corporate Observer

Today’s 5 to 4 decision by the United States Supreme Court perhaps puts the final nail in the coffin of consumers’ and now small businesses’ abilities to assert their statutory rights and maintain a “level…

Until this past May, I hadn’t run for anything since the 8th grade. Then it was president of the class, no less, but, it was 8th grade. We’re talking about the tail end of the Nixon administration and a Cubs team that…

T-Mobile made a splash last week when it announced it would begin carrying the iPhone without a contract. The company has also made headlines with a new advertisement campaign claiming We’re cancelling our membership in the…

I am pleased to report that the attorneys and staff from Chicago complex litigation boutique Grippo & Elden LLC will join your humble blogger's firm, effective March 1, 2015.
Chicago is the fourth new city for Shook over the past…

The State Bar of Texas, as part of their public outreach mission, maintains guides for non-lawyers. One such guide is their "How to Sue in Justice Court" handbook. It was recently updated to account for changes that went into effect on August…

The Texas Bar publishes a pamphlet intended to make consumers aware of potential pitfalls when considering loan modifications. Consider reading it before you go down the road of applying for one yourself. As always, if the pamphlet raises any…

On Friday, Feb. 27, the Obama administration unveiled a proposed Consumer Privacy Bill of Rights that would require businesses to be more transparent in privacy practices, and provide individuals certain rights aimed at helping individuals…

Join us March 10 at 1PM EST (10AM PST) for Re-identification Risks for Credit Card Data,featuring DWT payments team members Christin McMeley and Brian Hurh as well as Khaled El Emam, Founder and CEO of Privacy…

Agency Assessment Comes as President Signs Executive Order Increasing Cyber Sharing with the Private Sector
Late last year, this post speculated whether 2015 would become “the Year of Cybersecurity.” Though 2015 is still young, it…

CFPB Monitor

Director Cordray to testify on March 3 before House Financial Services Committee

Barbara S. Mishkin
The House Financial Services Committee will hold a hearing tomorrow, March 3, entitled “The Semi-Annual Report of the Bureau of Consumer Financial Protection” at which Director Cordray is expected to…

Alan S. Kaplinsky
We recently wrote about two studies, one by Professor Ronald Mann and the other by Professor Jennifer Lewis Priestley, that cast serious doubt on the benefit to payday loan borrowers of an ability-to-repay…

Director Cordray speaks to the National Association of Attorneys General

Barbara S. Mishkin
As he has done in prior years, Director Cordray spoke earlier this week to the National Association of Attorneys General. His prepared remarks focused on the familiar theme of “the four Ds” that…

February 27, 2015 The U.S. Securities & Exchange Commission (SEC) filed charges against 3 company officers and 12 promoters who were operating an international pyramid scheme using Portuguese companies operating under the name Wings…

February 19, 2015- North Richland Hills, Texas The Texas State Securities Board announced that Charles Wayne Kilway was sentenced to 15 years in state prison for the fraudulent sale of securities and 15 years for theft of property from the…

Garmo & Kiste, PLC Law Blog

Two things guaranteed in life- Death and Taxes The dreaded day of April 15th is quickly approaching. Remember that you MUST file your return or request an extension to file by October 15th on this day to avoid penalties. It is important to…

Michigan Severely Over-Legislated Commit any crimes today? After you read this, you may be less sure of your answer. A report was recently published, “Overcriminalization in the Wolverine State,” outlining how out of control our…

Our experienced family law attorneys can help you work through your divorce. If you are a single parent of minor children you may be wondering what payments you could be required to make or could receive to provide for your children. Payments…

The Securities and Exchange Commission is looking at efforts by banks to comply with capital rules. The regulator is searching for improper activities involving the way these financial institutions value complicated assets, as well as…

A U.S investigation into the way Morgan Stanley (MS) information became available for sale online is looking at whether hackers targeted financial adviser Galen Marsh after he took information from the bank. Marsh was fired for taking data on…

The European Commission says that ICAP Plc has been ordered to pay a $17.2 million fine for helping traders manipulate benchmark interest rates linked to the Japanese yen. The word’s largest broker of transactions between banks is…

STIFEL NICOLAUS AND CENTURY SECURITIES CONSENT TO FINES OVER IMPROPER SALES OF LEVERAGED AND INVERSE ETFS

According to a recent news release, the Financial Industry Regulatory Authority (FINRA) has fined Stifel, Nicolaus & Company, Incorporated and an affiliate $550,000 ordered them to pay approximately $475,000 in restitution to 65 customers…

Banking giant J. P. Morgan Chase has reached a deal with federal prosecutors to avoid criminal prosecution for its role in the Bernard Madoff Ponzi scheme. According to the prosecutors, J. P. Morgan, which had custody of Madoff accounts,…

Each year, the Financial Industry Regulatory Authority (FINRA) publishes a letter to the financial services industry identifying its regulatory and examination priorities. FINRA is the industry's "self-regulatory organization," which is…

Jacksonville, Florida among the top ten cities in the Nation in Foreclosure Filings in January 2013

Florida remains the foreclosure capital of the United States, and outside of South Florida, the Jacksonville Florida metro area is leading the pack. The Florida foreclosure rate has remained the highest in the United States for five months…

Duval County Florida among the top ten cities in the Nation in Foreclosure Filings in January 2013

Florida remains the foreclosure capital of the United States, and the Jacksonville Florida metro area is literally drowning in new foreclosure filings. The Florida foreclosure rate has remained the highest in the United States for five…

A: Every homeowner facing foreclosure has to ask themselves this question and give themselves an honest answer. An essential first step for homeowners facing foreclosure is to sit down and take stock of their long term financial situation. …

The Michigan Court of Appeals in Fisher Sand and Gravel v Neal A. Sweebe, Inc. ruled that the four year Statute of Limitations under the Michigan Uniform Commercial Code that applies to Breach of Contract claims also applies to claims for…

By Enrico SchaeferFew legal principles inspire more confusion than copyright law. Our copyright lawyers often spend as much time educating our clients as we do digging into their specific legal issues. Copyright law, like other intellectual…

By Stephen BrowneSearching Google Images is a great way to locate very targeted photos, artwork, drawings, logos, banners, and just about any other type of graphical image you can imagine.With Google's Advanced Image Search feature, anyone…

Car manufacturers love to put important details about their vehicles and offers in minuscule fine print in their television commercials. And Nissan is no exception. Just in case you couldn’t read the tiny disclaimer in two recent…

It may sound odd for a consumer advocate to ask a company to provide more fine print, but that is exactly what MrConsumer had hoped Costco would do. Costco has had Tempur-pedic memory foam mattresses on sale for the past several weeks,…

Smart TVs are getting smarter. And maybe too smart for our own good. Originally, smart televisions had the ability to display Internet websites because you could switch to a crude built-in browser. Now they can make recommendations of…

Florida's HB 501 Seeks to Limit Construction Defect Claims to Seven Years from Date of Completion

By Georg KetelhohnIn addition to Florida House Bill 87, which I wrote about in this blog last month, HB 501 also presents serious concerns for associations, property owners and even also public-sector projects. The bill seeks to reduce the…

Dispute Over Condo Association's Financial Documents, Elections and Alleged Board Member Malfeasance Makes the Nightly New

By Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars & Sobel, P.A.
Yet another report about an ongoing dispute involving alleged board member malfeasance at a Broward County condominium association has made the local nightly newscast on…

By Nicholas D. SiegfriedFor years our firm's community association attorneys have been counseling and working with our association clients to complete their own foreclosures in advance of the lenders, which have often been slow to act on…

A bank is lobbying for a 90 percent reduction on city fines issued for code violations after allowing a 2011 foreclosure property to lie vacant and unkempt in a neighborhood for the last four years.
Wells Fargo is asking that the $57,000 in…

The latest report from RealtyTrac listing firm indicates the number of foreclosures in South Florida is down significantly over the last year.
In January, it was reported January tallied nearly 900 home foreclosures, which was nearly double…

A recent report by advocacy group Democracy Now! details how pensions for millions of Americans public workers have been invested into risky hedge funds, private equity and "alternative investment funds."
These investments put worker pensions…

Texas Debt Suit Defense 101

Covers credit card and other debt suit litigation in Texas from the defense side, including substantive legal and evidentiary issues, and comparative analysis of pleadings, legal theories, and litigation strategy. By Wolfgang Demino.

ABOUT MARK RECHNER PROFESSIONAL BIOGRAPHIC INFORMATION,LITIGATION RECORD, AND TYPICAL PLEADINGS Mark Rechner, whose full name is Mark August Rechner, is a Dallas-based debt collection attorney with the lawfirm Vincent…

TCPA Decision: No need to "stay" case while waiting on FCC to rule on who is a "called party"

On November 3, 2014, one of our newer judges -- Judge John H. England, III, in the Northern District of Alabama, issued a very well reasoned decision explaining why a lawsuit against Wells Fargo does not need to be "stayed" or "frozen" while…

Ever get those annoying political calls to your cell phone? Not a human but robo (computer) dialed calls? Lori Shamblin did and decided to sue multiple defendants for doing this in federal court in Tampa, Florida.
Here's what one defendant…

There is an odd decision -- or I should say the Plaintiff acted oddly -- and the result was the defendants (LVNV Funding, Northland Group, and Citibank) were dismissed from the case.
You can read this decision of Schweitzer v. Northland…

Hey, Consumer Financial Protection Bureau (“CFPB”), how is that self policing policy working for you?

Jenna Greene, a reporter for the National Law Journal, recently reported on the CFPB’ s policy of self reporting. CFPB has taken the place of the Federal Trade Commission in overseeing the activities of debt collectors and…

Rep. Maxine Waters (D-CA) has introduced a bill in the House called the Fair Credit Reporting Improvement Act of 2014. The bill appears to be aimed at helping consumers achieve higher credit scores in a shorter time frames. Her…

I want to file for bankruptcy. Can I sell my tools, jewelry, or car with a lien on it beforehand?

A lien gives your creditor to repossess and sell your property if you don’t pay. A mortgage creates […]
The post I want to file for bankruptcy. Can I sell my tools, jewelry, or car with a lien on it beforehand? appeared…

I want to file for bankruptcy. Can I sell my tools, jewelry, or car with a lien on it beforehand?

A lien gives your creditor to repossess and sell your property if you don’t pay. A mortgage creates […]
The post I want to file for bankruptcy. Can I sell my tools, jewelry, or car with a lien on it beforehand? appeared…

I’m going to File for Chapter 7 Bankruptcy. Should I Still Do a Short Sale?

We had a client come in worried last week about her home. She was already thinking of filing for Chapter 7 bankruptcy, but was concerned what would happen if she tried for a short sale. Melissa, as we’ll call her, …

Fraud, Phishing and Financial Misdeeds

Identity thieves seem to like to target the government. With April 15th, nearing, the news is awash with fraudsters using other people's identities to claim an earned income tax credit worth thousands of dollars. Of course, we should feel…

About a week ago, I was made aware of a fraud group operating from a Tampa, Florida number, who were calling people and using some pretty heavy-handed tactics to collect (steal) money. Interestingly enough, the person that let me know about…

For the past six months or so, this blog was put on hold. I could come up with a lot of excuses why it was put on hold -- such as increased workload and job responsibilities -- but I probably just needed a break from writing.Now that I am…

Injunctive relief claimants in food labeling cases in federal court face a dilemma: to have standing to obtain injunctive relief under Article III and force a manufacturer to change an illegal or deceptive label, a plaintiff must allege that…

Courts have long held that individual and varying damages calculations for putative class members does not necessarily preclude class certification. However, a shadow of doubt was cast over this well-settled principle by the United States…

On December 31, 2014, in a closely-watched case implicating substantive wage-and-hour law as well as class action law, the California Court of Appeal, Second Appellate District, reversed orders granting summary judgment and summary…

Wexler Wallace Law Firm Blog

In the timeless words of Dr. Seuss, “From there to here, from here to there, funny things are everywhere.”[1] On February 25, 2015, the United States Supreme Court decided Yates v. United States,[2] a case about evidence…

At the heart of a case involving a prescription drug is the question of risks – what risks exist, what risks were known, and what risks were warned about. All of us have seen prescription drug advertisements that include a

New Rules for Clinical Trial Transparency: Did the NIH and FDA Provide a Solution or Merely Identify a Problem?

Clinical trials—or the lack thereof—often play a central role in cases involving dangerous drugs and medical devices. If and when manufacturers had knowledge of the dangers associated with their products goes directly to the…

On Oregon's 156th Birthday, the Oregon Public Empowerment News (Oregon PEN) was born, bringing to Oregon an all new kind of newspaper, a weekly all-digital newspaper for local Oregon and legal news that is all beef, no filler -- no…

The ONLY advice I give away: If you get served with a demand from a lawyer or a summons from a court, CALL A REAL LAWYER

One of the most difficult things I do is explain to people that I can no longer help them, although I could have helped them easily . . . if they had come to me in time. This happens all the time in debt lawsuits where someone sues you…

Right now, Oregon is one of only two states in the nation that returns class action windfalls -- unclaimed damages -- to corporations found liable for wrongdoing by a judge or jury.So, today, Oregon law lets corporations who injured or…

Lemon Law Blawg

Is There a Stink Bug Legion in Your New Car?Literally. US Cars literally stink in New Zealand, according to an article just published by WardsAuto news publication and Yahoo's New Zealand news online. The official announcement was made in New…

We were asked the other day why a car dealer who lied to a customer should have to do anything more than merely take back the car and refund their money. Seems some car dealers and their attorneys think that's enough. Paying "more" means…

And we all love cake!If you have a lemon car, let us make the manufacturer take it back and refund your money.That's what we did today. And here's what a very happy client dropped off to give thanks and for our staff to enjoy (and we will,…

Today, a legislator introduced a bill to treat student loan debt as other unsecured debt in a bankruptcy filing. This would be huge! As everyone knows, a bill isn't a law and it could be awhile, but if this gains steam, we may have some…

Update on Stripping Second Mortgages and HOA Liens in the Middle District Tampa Div. Florida Bankruptcy Court

We are still able to strip second mortgages in a Chapter 7 bankruptcy here in Tampa Bay. However, there is a risk that the window of opportunity may be closing. Bank of America has filed several challenges to the U.S. Supreme Court in the…

Debtors' Ability to Strip Second Mortgages: the Door May Be Slammed Shut Soon so File Now!

As a Florida consumer bankruptcy attorney, we have been able to remove and strip off second mortgages due to the 11th Circuit's decision in McNeal a couple years back. It is the only Circuit in the country that allows for a second mortgage…

Criminal price-fixing charges were recently filed against
Canadian affiliates of Nestle and Mars, a network of wholesale distributors,
and three individuals, alleging that they conspired to fix chocolate prices in
Canada. In addition,…

Retainage in New Jersey Construction Law
One of the areas which our construction lawyers often address is retainage.
The Use Retainage in New Jersey Construction Law
Retainage is an important device in construction law. Our attorneys…

Requirements regarding withholding payroll taxes are something that every business owner should be familiar with, particularly businesses which handle their own payroll internally (as opposed to outsourcing to a payroll company). Employers…

New Jersey's Sales and Use Tax Act is most often cited to refer to sales taxes while the use tax http://www.state.nj.us/treasury/taxation/pdf/pubs/sales/anj7.pdf tends to be less well known. When goods or services are purchased outside of…

I am pleased to announce that I will be speaking at the National Association of Consumer Advocates 2014 Auto Fraud Conference in San Diego, California. The conference, which begins on April 24, 2014 will be attended by consumer advocate…

Essentially, you must have accumulated enough recent Work Credits to pass the Recent Work Test and be eligible for Social Security Disability Insurance (SSDI) benefits. You earn Work Credits when you have paid enough social security…

What You Should Know About Being Sued in Pennsylvania There are three main ways to find yourself as a defendant in the Court of Common Pleas (“CCP”): 1) a case was appealed from a Magisterial District Justice…

What You Should Know About Being Sued in Pennsylvania Generally, if you are alleged to owe $12,000 or less (exclusive of interest and costs) you may be sued before a Magisterial District Justice (MDJ). MDJs are elected judges that serve…

Earlier this year, the Ninth Circuit heard the case of Busk, et al. v. Integrity Staffing Solutions, Inc.. The claims were brought by former employees who were subjected to security screenings by the company to curb employee theft of retail…

On February 7, 2013, Carnival’s Triumph left the port of Galveston in what was anticipated to be a relaxing four-day cruise to the Caribbean. However, this winter getaway quickly turned into a living nightmare for Triumph’s 3,142…

On January, 8, 2013, The Consumer Product Safety Commission in association with Fisher-Price announced a voluntary recall of the Rock ‘N Play Infant Sleeper due to the risk of mold developing between the removable seat cushion and hard…

Based in Texas, Expert Global Solutions and its subsidiaries-ALW Sourcing, LLC; NCO Financial Systems, Inc.; and Transworld Systems, Inc., (which also does business as North Shore Agency, Inc.), collectively are the largest debt collector in…

When we think of people who file for bankruptcy, very often we tend to think of them as over spenders maxing out their credit cards and leading a carefree lifestyle; or perhaps we think of them as people who have lost their job and are now…

The Federal Trade Commission (FTC) settled charges they brought against Skyy Consulting, Inc., a California company doing business as CallFire, located in Santa Monica, California. CallFire provided voice-over-internet, a practice also known…

Personal Finance & Consumer Rights Blog

If you’re behind in paying your bills, you may be contacted by a debt collector — someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies…

If you’ve ever gotten a text message on your cell phone telling you that you’ve won a free prize, you’re not alone. During the past year, the FTC has gotten tens of thousands of complaints about unsolicited text messages.…

What if a company called you, demanding you pay for a product they said you ordered? What if they threatened you if you didn’t pay? And what if you never actually ordered that product, never even saw it, and never promised to pay for…

For those facing collections efforts from Sallie Mae for Western Culinary Inst./Le Cordon Bleu Portland tuition

So we’ve been hearing a lot from class members about Sallie Mae efforts at collection of debts arising from loans for those who attended Western Culinary Institute and Le Cordon Bleu Portland who are part of the class action against those…

Moving to dismiss the appeal brought by Career Education Corp and Western Culinary

For those interested, I’m posting our recent motion to dismiss and motion for reconsideration in Surrett v. Career Education Corp., our consumer fraud class against Career Education Corp for Western Culinary Institute/Le Cordon Bleu…

Lawsuit Loans

The lawsuit funding process is something that many clients are interested in and we hope to answer all of your questions about how lawsuit funding process works at Case Cash.
This video explains Lawsuit Funding and the application process:

If you have been injured and have a personal injury lawsuit in California, Case Cash Lawsuit Funding can help you get a cash advance or lawsuit funding before your case settles.
We are a nationwide company that aim to help plaintiffs get…

Lawsuit cash advance is a convenient and easy way to get cash if you have a pending lawsuit. Lawsuit funds can take time to process, as it involves data collection, information and data verification process. This process can take from couple…